On September 6, 2008, my wife and I entered into a contract with My Contractor.com to have our backyard concrete removed, have a new French drain system installed, have new concrete poured and stamped and have a new retaining wall installed. On September 24, 2008, at our second meeting to discuss the details of the job, Pete Maiorana, Vice president of sales and marketing, made us an offer to also install a new gutter system. He told us that new gutters would allow the concrete contractors to unite the downspouts into the French drain system. Pete told us it would cost $2350.00 for the gutters, downspouts and premium leaf guards on the backside of our house. He said he could give us a reduced rate, since we are having other work done. He told us he would have high grade, metal leaf guards installed for his cost of $3.00 a linear foot. We agreed and I wrote a down payment check for $823.00 to My Contractor.com. A few days later, we agreed to have the gutter work done on Monday, October 6, 2008.
On October 6, 2008, Bruce Hosner, the Project manager assigned to me by My Contractor.com, called me and said that his regular gutter guy didn’t show up, so he had to find a new crew for my job. He told me that he and the gutter installers would be at my home between 10:30 and 11 am. The Gutterman Enterprises came to start the removal of the gutters at 10:50 am. Bruce showed up around 11:15, and stayed for about just over an hour, than asked me to write two separate checks for the remainder of the balance. He said one check, written for $386.00, is for My Contractor.com and the other, written for $1141.00, was for The Gutterman. I questioned why there was a need for two checks, and Bruce said that, since this was a last minute deal, the gutter company required immediate payment upon completion of the job. The job was finished at 4:30 pm, and I looked over the work. The gutters looked okay and new downspouts were installed. But, after further investigation, I found the leaf guards were made of plastic, and not metal, which Pete had quoted. Also, after the job was completed, I asked the installers if there was an invoice to show I had paid them. The installer gave me a detailed invoice for $1141.00. I asked if this was the total cost for installation, materials and removal, or just labor. The Gutterman installer said that it was the complete price for the job.
I called The Gutterman Enterprises to inquire about the pricing as soon as the installers left. A salesman, Jeff, told me that he gives My Contractor a discount for referring business to their company. Jeff told me the total for my job, if I had gone directly to The Gutterman, would have been $1296.00. I was shocked to hear what a difference in price, $1209.00, was paid to My Contractor.com. This is more than a 105 percent markup. I immediately called Pete on his cell phone and left a message stating that I needed to talk to him about a price discrepancy on the gutters. Pete called back soon after and asked what was the discrepancy. I told him about the price difference and asked what he would do about it. He said that maybe they gave us a lower grade of aluminum gutter. I told him, regardless of the quality, there was still a considerable difference in price. I told him I could see a 10 to 20 percent markup, but not 105%. Pete said he would look into it and call me back the following day, October 7, 2008. He asked for both my cell phone number and work number so he could call me. The next day I waited and, finally, called My Contractor.com at 3:15pm. Sabrina answered and I asked if Pete was available. She told me he had stepped out for a moment, but would be back. I asked her to please have him call me as soon as possible to discuss a pricing matter. I tried again at 4:10pm, but did not get any answer. At 5:44, I called Pete’s cell phone and left a message insisting that he call me tomorrow, October 8, 2008. At this juncture, both my wife and I feel that we have been taken advantage of and conned out of our finances.
On Wednesday, October 8, 2008, at 8:53am, I received a call from Pete Maiorana. He stated that he looked into the discrepancy and found that he ordered commercial grade gutters, which is a thicker gauge aluminum. He apologized for the inconvenience and he would send his corporate office a letter explaining the matter and would request a refund. He told me the corporate office would issue a check for the difference of what I had paid. When I asked if this amount would be $1209.00, he said, “is that the difference?” to which I replied, “yes, that’s what I paid to My Contractor.com”. I asked when I could expect a check and Pete said probably by the end of next week (Friday, October 17, 2008). I asked if there is anything I could have in writing to confirm the discrepancy and forthcoming payment, and Pete told me he would get something together.
On Friday, October 10, 2008, at 3:03pm, I called Pete to inquire about the gutter situation. He told me he had sent a letter to the corporate office and a check for $1209.00 would be sent soon. He also mentioned that we received the same gutters that he had on his house, which is a 19 gauge aluminum gutter. We spoke about the above mentioned backyard project and he told me the job would commence on Monday, October 20, 2008. On Friday, October 17, 2008, I received a call from the project manager, Bruce. He told me that Greg Montgomery, concrete contractor, and his crew were still finishing another job that wasn’t expected to be done until Wednesday or Thursday, October 22nd or 23rd, 2008. He said that our project could start the following Monday, October 27, 2008. I stated my frustration with the delay, and Bruce assured me the job would start the following Monday.
On Wednesday, October 22, 2008, I left a message on Pete’s work voicemail and sent him an email inquiring as to the status of the check.
On Thursday, October 23, 2008, I received a phone call from Pete. He told me that he had been on interviews the last couple of days and apologized for not replying sooner. He told me he would contact the corporate office to get the status of the refund check and said he would try to contact me by Friday to give me an update.
On Friday, October 24, 2008, my wife received a call from Pete. My wife gave me the phone and I talked to Pete. He told me that Greg Montgomery was stuck on another project that would end on Monday, October 27, 2008. He said that Greg usually gives his crew a day off before starting a new project and asked if they could start on Wednesday or Thursday, October 29th or 30th, 2008. I told him, as I mentioned numerous times before, that I wanted to be there for the demolition phase of the project. I said that I am off of work on Mondays and Fridays and they could start on Friday, October 31, 2008. Pete said that would be fine. I told him of my concern that My Contractor.com has had our 30% deposit of $8336.00 since September 6th, 2008 and was frustrated in the many delays. Pete, also, assured me that the job will start on Friday, October 31, 2008.
On Thursday, October 30, 2008, I expected to receive a call confirming the start of the project. Since I received no such call, I called My Contractor.com at 3:06 pm. I asked Sabrina to speak with Pete or Bruce. She said Bruce was in the office, but was on the phone. She asked if I would like his voicemail, which I said, “Yes, please”. On the message I stated that I would like a call back giving me an update whether or not the job would start tomorrow, (October 31, 2008) as Pete told me. I stated that I would expect a call tonight (October 30, 2008). I finally called Pete’s cell phone at 4:44 pm and left a message to check the status. I called Bruce’s cell phone immediately after. Bruce answered and I asked whether or not the job would be starting tomorrow (Friday, October 31, 2008). He told me since rain was expected, the project could not start until Tuesday, November 4, 2008. I asked if he was still the project manager on this project. Bruce told me that Pete has taken more of a roll in this project and that I should talk to Pete with any concerns. He mentioned that he would also be present during the process.
On Friday, October 31, 2008, I called My Contractor.com to speak with Pete. I was told that he was in the field and that I could call his cell phone to reach him. At 12:50 pm, I called and left a message mentioning the previous conversation with Bruce. I stated that I would appreciate a call to update the status of the project and expect a call later today (October 31, 2008). Pete called back from Tracy, CA at 2:10 pm. He also mentioned the weather situation and would know more on Monday, November 3, 2008. I mentioned to him that I still had not received the refund check from his corporate office. He told me he would call on Monday to check the status of the check. Pete told me he would contact me by Monday afternoon to give me an update on both the refund check and the backyard project.
On Sunday, November 2, 2008, I left a message for Pete. I reminded him to check on the status of the check, and, if the backyard project would start on Tuesday, November 4, 2008. I also stated that he should call my work number between 10 am and 3 pm since I didn’t get a good signal on my cell phone. I also said I would email him a reminder, which I did after leaving the voicemail.
On Monday, November 3, 2008, at 9:37 am, I received a call from Pete. He told me that the weather was looking clear and that the job could start on Thursday, November 6, 2008 (to coincide with my next day off). I agreed and Pete told me he would call to confirm with me on Wednesday, November 5, 2008.
On Tuesday, November 4, 2008, at 11:53 am, I called My Contractor.com and asked to talk to Pete. I was told that he was out of the office and that I could reach him by cell phone. At 11:54 am, I called and left a message stating that I needed a status on the refund check. I said that he (Pete) could leave me a detailed message as to the status, as I could not receive a signal in the building.
On Wednesday, November 5, 2008, at 3:07 pm, I called MyContractor.com and asked to talk to Bruce. Sabrina told me to hold on, then returned and said that Bruce would call me back. I waited and finally tried to call back at 4:17 pm, there was no answer. So, I called Bruce’s cell phone at 4:27 pm and left a message asking if the backyard project was starting tomorrow (Thursday, November 6th). I called and had to leave a message on Pete’s cell phone at 4:29, asking the same. I also tried to reach the concrete contractor, Greg, on his cell phone at 4:53 pm. Finally at 5:38 pm, Pete called back and told me the job will start tomorrow, and to expect Bruce and Greg to show between 9:00 and 9:30 am. I also asked about the status of the check. Pete replied that the check had been sent out last week and might have been lost in the mail. He told me he would have the corporate office issue a stop payment on that check and have another issued. He said he would have the check sent to the Concord, CA office and, as soon as it arrives, will overnight the check to me. I told him of my frustration in waiting over three weeks for some resolution. Pete, once again, assured me that I would have a check within a week.